Denial of rights to sperm donor is 'anti-father'

A COURT judgment that refused a biological father guardianship rights and recommended that a lesbian couple be considered as …

A COURT judgment that refused a biological father guardianship rights and recommended that a lesbian couple be considered as a "de facto family" has been described as being "anti-child and anti-father".

Catholic organisation the Iona Institute said Mr Justice John Hedigan's judgment was "badly misguided" and ignores a child's right to be raised by a father where possible.

The man known as "A", who is 41, was a friend of the couple to whom he donated his sperm.

He took a High Court action seeking guardianship of the one-year-old child despite a signed agreement that his relationship with the child would only be that of a "favourite uncle".

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Director of the Iona Institute David Quinn said the child involved has a right to know and to have some measure of contact with his biological father.

"Ideally, a child's right to be raised by a mother and father, where possible, should be recognised and upheld," Mr Quinn added.

Psychiatrist Prof Patricia Casey said clashes are "inevitable" if the role of fathers, even as sperm donors, were not recognised.

This could have a damaging effect on children as they grow up, she said.

Donnacha Murphy of Unmarried Fathers of Ireland said the case highlighted the absence of fundamental rights for fathers in such circumstances.

"The fact that a 'blood link' was of little weight and not a determining factor in terms of his decision is an insult to the thousands of unmarried fathers in Ireland," he said.

Fine Gael children's spokesman Alan Shatter said the case highlighted the need for legislation on assisted reproduction.

"To its disgrace, the Government has chosen to turn a blind eye to issues that have been addressed in detail by most parliaments across Europe," he said.

Mr Shatter, a family lawyer, said the case raised fundamental questions about the relationship between donors and their children.

The Gay and Lesbian Equality Network (Glen) said the judge had vindicated the rights of gay and lesbian parents and demonstrated the importance of including parenting provisions in Government proposals for legal recognition of same-sex couples.

Glen director of policy change Eoin Collins said: "This is a very significant acknowledgement of the existence of, and growing numbers of, same-sex couples parenting children in Ireland. These families want and need their family life recognised to protect the interests and welfare of their children."

In his judgment, published on Wednesday, Mr Justice Hedigan said that although "it must be accepted that, in general, it is beneficial to a child to have access to both its natural parents, there may be circumstances where this is not so".

He concluded with the findings of psychiatrist Dr Gerard Byrne, who had interviewed all the parties at great length.

Dr Byrne said the lesbian couple felt betrayed that "A" had gone back on his original agreement with them.

In refusing guardianship rights, the judge said: "As things stand, the child's future seems secure in a well-ordered, loving and supportive family environment.

"Set against that is the probability of a future within a conflicted, dysfunctional and highly unpredictable relationship that would include, by court order, the presence either through guardianship, access or both, of the applicant."

The judge said, however, that the couple were "entirely genuine" in their wish that the child should know the identity of his biological father and that he should have contact at an appropriate time.

Ronan McGreevy

Ronan McGreevy

Ronan McGreevy is a news reporter with The Irish Times